Litigation: Put domestic violence warnings on liquor – Judge

Eastern Cape High Court (Makhanda) Judge Avinash Govindjee has asked Minister of Health Aaron Motsoaledi to consider adding a warning about domestic violence to the labels on all liquor bottles and cans, including beer, notes Legalbrief. His plea to the Minister came during sentencing procedures in separate murder cases, the latest of which was the case of Hendrik Jason Williams who was sentenced to 24 years of imprisonment for the rape and murder of his partner. 'The facts of this matter rehash, like a recurring nightmare, the tragic equation that all too frequently summarises the plight of women in SA,' Govindjee said.

In the first case that had stirred the judge's ire, local resident Mthuthuzeli Manyathi (38) was sentenced to 28 years in prison for the brutal murder of his partner, Ntombomzi ‘Nomirana’ Nonze (47). ‘Study findings have repeatedly confirmed the role of alcohol in intimate partner violence, pointing to the need for dedicated prevention interventions,’ he said in his ruling, according to a Daily Maverick report. ‘Cases such as the present one, as well as sexual offence-related cases, including child rape, frequently have alcohol flowing through the narrative as a common theme. In terms of the Foodstuffs, Cosmetics and Disinfectants Act, 1972, the Minister of Health is empowered to make regulations prescribing the way in which any foodstuff, including alcohol, shall be labelled. This includes the nature of the information to be reflected on any label, the manner or form in which such information is to be reflected or arranged on the label, and the nature of information which may not be reflected on any label.’ 

Govindjee pointed out that the Minister has made regulations relating to ‘health messages on container labels of alcoholic beverages, including beer and traditional beer’, but only one of the seven messages contained in the annexure to the regulations deals with violence and crime, notes the DM. This warning reads: ‘Alcohol is a major cause of violence and crime.’ The judge continued: ‘There is no specific reference to the established link between alcohol and gender-based violence, including rape and murder, also in the context of domestic relationships. Furthermore, container labels for alcoholic beverages need only contain one of the seven health messages set out in the annexure to the regulations, in a space one-eighth the total size of the container label. This would appear to me to be wholly inadequate when considering the torrent of cases, including the present, in which alcohol is linked to violence. ... the failure to highlight the link between alcohol and gender-based violence appears to be an omission. In the context of the country’s efforts to address gender-based violence, including intimate femicide, this at least requires proper consideration. In the circumstances, the registrar is directed to ensure that a copy of this judgment is made available to the Office of the Minister of Health, drawing attention to this paragraph of the judgment.’